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California Probate Resources

California Probate Deadlines: Complete Timeline Guide

Every critical deadline in California probate. Missing a deadline can result in removal as personal representative, personal liability, or extended proceedings.

Critical: Don't Miss These Deadlines

The 4-month inventory deadline and 90-day DHCS notice are the most commonly missed. Mark your calendar immediately upon receiving Letters.

Complete Probate Deadline Timeline

File Petition for Probate

DE-111
Within 30 days of death

While there's no strict legal deadline, filing within 30 days ensures priority for appointment as personal representative.

If you miss this: May lose priority for appointment if another interested party files first.

Notice of Petition to Administer Estate

RequiredDE-121
15+ days before hearing

Must be published once per week for 3 successive weeks in an adjudicated newspaper. First publication must be at least 15 days before hearing.

If you miss this: Hearing will be continued if notice requirements are not met.

Mail Notice to Heirs/Beneficiaries

RequiredDE-121
15+ days before hearing

All heirs at law and beneficiaries named in the will must receive mailed notice at least 15 days before the hearing.

If you miss this: Petition may be denied or hearing continued.

DHCS Notice (Medi-Cal Recovery)

RequiredProbate Code §215
90 days after Letters issued

Must notify the Department of Health Care Services if decedent received Medi-Cal benefits at any time.

If you miss this: Personal liability for Medi-Cal recovery claim if notice not given.

Inventory and Appraisal

RequiredDE-160
4 months after Letters issued

Complete listing and valuation of all estate assets. Requires probate referee appraisal for certain assets.

If you miss this: Court may remove personal representative for failure to file.

Notice to Creditors

RequiredDE-157
4 months after Letters issued

Must mail notice to all known creditors. Publication in newspaper also required.

If you miss this: Creditor claim period may not properly begin; personal liability risk.

Creditor Claim Period Expires

N/A
Later of: 4 months from notice OR 1 year from death

After this period, most creditor claims are barred. Wait until period expires before final distribution.

If you miss this: Premature distribution may create personal liability for valid claims.

Status Report (if case exceeds 12 months)

RequiredVaries by county
12 months after Letters issued

Many courts require a status report if the case has been open for 12 months without progress toward closing.

If you miss this: Court may set a status conference or issue sanctions.

Petition for Final Distribution

DE-226
No fixed deadline

File after all debts paid, claim period expired, and estate ready for distribution. Typically 8-18 months after opening.

If you miss this: Estate remains open; potential court inquiry into delay.

Quick Reference: Key Deadlines

From Date of Death

  • File Petition (priority)30 days
  • Creditor claim period ends1 year max

From Receiving Letters

  • DHCS Notice90 days
  • Inventory (DE-160)4 months
  • Creditor Notice4 months
  • Status Report (if needed)12 months

DHCS 90-Day Notice Requirement

California Probate Code §215: Medi-Cal Estate Recovery

If the decedent received Medi-Cal benefits at any time (even decades ago), you must notify the Department of Health Care Services within 90 days of receiving Letters.

How to Notify DHCS:

  • Send notice to: DHCS Estate Recovery Unit, MS 4720, P.O. Box 997425, Sacramento, CA 95899-7425
  • Include: Decedent's name, SSN, date of death, case number, your contact information
  • Keep proof of mailing (certified mail recommended)

Failure to notify: You may become personally liable for any Medi-Cal recovery claim.

Related Probate Form Guides

DE-111
Petition for Probate
DE-160
Inventory & Appraisal
DE-121
Notice of Petition
DE-157
Notice to Creditors

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